Grand Caillou's Fire Board ordered to fire convicted chief

Published: Tuesday, October 15, 2013 at 10:07 p.m.

Last Modified: Tuesday, October 15, 2013 at 10:07 p.m.

The Grand Caillou Fire Board was ordered Tuesday to fire its chief, who was convicted in July of a felony in connection with his construction business.

After reviewing previous state attorney general opinions, Terrebonne Parish District Attorney Joe Waitz Jr. decided Tuesday the law dictates Fire Chief Jayson Ray should be terminated.

Waitz had asked the attorney general Friday for an opinion about Ray's fate because the chief admitted guilt under a provision of state law that says a judge can suspend the sentence and remove the conviction from his record once he completes his three years of probation.

But Waitz said a 1993 attorney general opinion makes it clear Ray should lose his job.

“This is the answer to my question,” he said.

The 1993 opinion mandates “the termination of the employee” once the conviction becomes final. It defines final as meaning “when any prospect of appellate review has been exhausted.” The opinion also says Article 893, the provision Ray plead under, “is based upon a conviction.”

Ray is not appealing the decision, his Houma-based attorney, William Dunckelman, said.

“Jayson plead (guilty) because he just wanted to get it behind him,” he said.

Ray, who owned a construction company, was convicted in Lafourche Parish after he admitted he did not pay his workers the money Thibodaux residents Jerome and Linda Richard gave him to rebuild their home in 2010.

“We gave him money to pay bills, and he didn't pay them,” Linda Richard said. “It's not that he didn't have the money to pay those bills. He had the money, he just didn't pay it.”

Ray offered to rebuild the Richards' house after a fire destroyed it because he said he wanted to help, Linda Richard said. He lived across the street from the couple and helped fight the fire.

Ray offered to forfeit the usual contractor's cut and said the money would go straight to the construction workers, Linda Richard said. They paid Ray $59,000 over a six-week period in the summer of 2010.

The couple said they stopped paying Ray because he and his crew did shoddy work in the rebuilding. Then Ray walked off the job.

Dunckelman said because the Richards stopped paying, Ray couldn't scrape together the money when he stopped construction.

“They stopped paying him. Jayson didn't have the money to pay any of his creditors. As a result, Jayson had to go bankrupt,” Dunckelman said.

As part of his sentence, Ray paid the couple $15,000 in restitution.

Louis Pitre, chairman of the Grand Caillou Fire Board, which hired Ray, has not returned The Courier's phone calls seeking comment.

Ray, who couldn't be reached Tuesday, has said his conviction should not cost him his job.

“This is something that was a misunderstanding on my part,” he said. “I'm doing a very good job down here.”

Meanwhile, former Grand Caillou Fire Chief Michael Deroche Sr. has filed suit against the fire board, which fired him when he was charged with sexual assault in 2012. The district attorney later dropped the charges, but DeRoche was never reinstated as chief, his attorney Jerri Smitko said.

“It's obvious to me that department was on a witch hunt, and that's why my client lost his job,” she said.

Ray replaced DeRoche as chief in October of last year, and pleaded guilty to felony misapplication of funds in July, which according to state law requires his termination within 10 days.

<p>The Grand Caillou Fire Board was ordered Tuesday to fire its chief, who was convicted in July of a felony in connection with his construction business.</p><p>After reviewing previous state attorney general opinions, Terrebonne Parish District Attorney Joe Waitz Jr. decided Tuesday the law dictates Fire Chief Jayson Ray should be terminated.</p><p>Waitz had asked the attorney general Friday for an opinion about Ray's fate because the chief admitted guilt under a provision of state law that says a judge can suspend the sentence and remove the conviction from his record once he completes his three years of probation.</p><p>But Waitz said a 1993 attorney general opinion makes it clear Ray should lose his job.</p><p>“This is the answer to my question,” he said.</p><p>The 1993 opinion mandates “the termination of the employee” once the conviction becomes final. It defines final as meaning “when any prospect of appellate review has been exhausted.” The opinion also says Article 893, the provision Ray plead under, “is based upon a conviction.”</p><p>Ray is not appealing the decision, his Houma-based attorney, William Dunckelman, said.</p><p>“Jayson plead (guilty) because he just wanted to get it behind him,” he said.</p><p>Ray, who owned a construction company, was convicted in Lafourche Parish after he admitted he did not pay his workers the money Thibodaux residents Jerome and Linda Richard gave him to rebuild their home in 2010.</p><p>“We gave him money to pay bills, and he didn't pay them,” Linda Richard said. “It's not that he didn't have the money to pay those bills. He had the money, he just didn't pay it.”</p><p>Ray offered to rebuild the Richards' house after a fire destroyed it because he said he wanted to help, Linda Richard said. He lived across the street from the couple and helped fight the fire.</p><p>Ray offered to forfeit the usual contractor's cut and said the money would go straight to the construction workers, Linda Richard said. They paid Ray $59,000 over a six-week period in the summer of 2010. </p><p>The couple said they stopped paying Ray because he and his crew did shoddy work in the rebuilding. Then Ray walked off the job.</p><p>Dunckelman said because the Richards stopped paying, Ray couldn't scrape together the money when he stopped construction.</p><p>“They stopped paying him. Jayson didn't have the money to pay any of his creditors. As a result, Jayson had to go bankrupt,” Dunckelman said.</p><p>As part of his sentence, Ray paid the couple $15,000 in restitution.</p><p>Louis Pitre, chairman of the Grand Caillou Fire Board, which hired Ray, has not returned The Courier's phone calls seeking comment.</p><p>Ray, who couldn't be reached Tuesday, has said his conviction should not cost him his job.</p><p>“This is something that was a misunderstanding on my part,” he said. “I'm doing a very good job down here.”</p><p>Meanwhile, former Grand Caillou Fire Chief Michael Deroche Sr. has filed suit against the fire board, which fired him when he was charged with sexual assault in 2012. The district attorney later dropped the charges, but DeRoche was never reinstated as chief, his attorney Jerri Smitko said.</p><p>“It's obvious to me that department was on a witch hunt, and that's why my client lost his job,” she said. </p><p>Ray replaced DeRoche as chief in October of last year, and pleaded guilty to felony misapplication of funds in July, which according to state law requires his termination within 10 days.</p>